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Vermont Service Center - H-Visa Issues Use this subforum to discuss about varius issues regarding H-visas in Vermont Service Center

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Old 15th June 2007, 04:32 PM
statguy07 statguy07 is offline
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Question H1B Filed - Legal Status to stay in the US

Hi all,
I have a very much unique case. I am currently doing my PhD. Also I got a job (I took it as a backup plan) and the employer has filed for my H-1B (which is currently getting processed, got my receipt number). Now I am no more interested in PhD and want to join the job instead. If I have to discontinue I have to inform them within first week of July (because then there will be the qualifier exam and other complications). As a result the International Services Office of my univ will release me in the Cevis system (used for F-1 visa) around end of July. Also I can't start working before October 1st. Now my question is what will be the legal status of my stay in US for the months of August and September? My employer has said that once my H-1B is filed and I am already in US then I can stay legally (though can't start working before October). Another person has said that once my H-1B is processed I can stay in this country legally. I just wanted to know what the correct law is. Can I legally remain in US in the interim 2 months? Please advise me on this critical issue and thanks a lot in advance!!
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Old 20th June 2007, 02:34 PM
mukeshinmd mukeshinmd is offline
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I'm sure you can, as you have two months of grace time, let's say this way to decide. And right after two months you'd be on h1B status.

No harm in waiting for legal experts opinion.

Mukeshinmd
rahasiam.com
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Old 23rd June 2007, 04:51 PM
statguy07 statguy07 is offline
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Quote:
Originally Posted by mukeshinmd View Post
I'm sure you can, as you have two months of grace time, let's say this way to decide. And right after two months you'd be on h1B status.

No harm in waiting for legal experts opinion.

Mukeshinmd
rahasiam.com
Thanks for your reply. But since I am dropping out will the 2 months grace period be applicable to me ? I heard its valid if you have completed your degree. Correct me if I am wrong.
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Old 2nd August 2007, 06:55 AM
giridharraop giridharraop is offline
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2 months grace period

The two months grace period is for change of status...it could be any change..So you are fine.. Degree completion issue is for OPT ...even for that you can apply for OPT if you finished 9 credit hours... So any way you are fine
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